Gathering evidence for your complaint

Multipage Guide

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England

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Scotland

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Wales

If you think you may have experienced unlawful discrimination, harassment or victimisation it is good practice to seek relevant information from your employer before issuing a formal claim. This can help you to decide if you have a valid claim or not.

Claims about events which happened on or after 6 April 2014

For claims about events which took place on or after 6 April 2014 it is good practice for a worker who thinks that they may have experienced unlawful discrimination, harassment or victimisation under equality law to seek relevant information from their employer before issuing a formal claim.

ACAS has produced non-statutory guidance for employers and workers asking and answering questions after 6 April 2014. It is available at ACAS.

That guidance makes it clear that your employer should treat any such questions seriously and promptly and not ignore them. Any such questions and answers can form part of the evidence in a case brought under the Equality Act 2010.

Whether the claim is about events that happened before 6 April 2014 or on or after that date, your employer must not treat you badly because you have sent them questions about your claim. If they do, it will almost certainly be unlawful victimisation under the Equality Act 2010. You can make a claim to the Employment Tribunal about that.